Towards a humane socio-political order
Reviewed by Ram Varma

Human Rights in India: Theory and Practice
Eds Justice A.S. Anand and A.V. Afonso.
Indian Institute of Advanced Study, Shimla. 
Pages 400+xxxiii. Price not mentioned

The founders of our nation had earnestly endeavoured to lay the foundations of a free and just society by formulating a Constitution that ensured fundamental rights to all citizens. However, the awareness of basic human freedoms and rights is an evolving phenomenon in mankind’s march towards civilisation. Great thinkers and philosophers like Socrates and Plato were comfortable with having slaves in their homes; Plato’s ideal ‘Republic’ denied all rights to them. Slavery was big business and was openly practised in the world till recently. Our hallowed lawgiver, Manu, merrily prescribed much lighter punishment to Brahmins for heinous crimes like murder and rape in comparison to Shudras. The Indian Constitution is a landmark document, but there is a constant need for introspection and correction in the institutions and organisations created under it for enforcing and safeguarding these freedoms and rights.

This book has come out of such introspection and discourse under the aegis of that premier institute of learning founded by our philosopher President, S. Radhakrishnan, Indian Institute of Advanced Study (IIAS), and the National Human Rights Commission (NHRC). As the Chairman of IIAS, Bhalchandra Mungekar asks: "Why human rights of some people are violated and why some people are in a position to violate the human rights of others? It is necessary that we deal with the sources of such violations and understand the unequal social, economic, political and educational order."

Similarly, Justice A.S. Anand remarks: "Millions of people in this country live in a state of abject poverty, without food, shelter, employment, health care and education`85 Where hunger persists, peace cannot prevail." This is a scathing but well-deserved indictment of the ‘progress’ made by our "Welfare State" in the long period of over six decades of its existence!

A.V. Afonso ruefully points out: "Proud as we are of our great democracy, emerging economic powerhouse, independent judiciary, we still count as sixth worst (country) for physical and mental violence, displacement, sexual abuse and trafficking, child marriage and female foeticide and infanticide, etc."

But it’s not the state apparatus alone that is at fault, the malady is ingrained in all of us, as Satya P. Gautam says in a thoughtful essay: "Finding ourselves at the receiving end of an apparently unjust treatment, we definitely resent the wrong being done to us. However, when we are beneficiaries of unmerited privileges in terms of some advantageous opportunities and status, perhaps made possible through a denial or violation of the legitimate claims of others, we often fail to notice the wrong being done to others."

V.K. Sibal enumerates the atrocities that are routinely perpetrated in our country: "Lower caste persons have been killed because they contested the elections, dared to wear headgear in their village, played music or rode a horse in a wedding procession." He points out various systemic defects in the Human Rights Commissions set up in the states which "operate in a cocoon".

Adi H. Doctor focuses on the fault lines in Articles 19, 20 and 21 of the Constitution in his incisive essay and is worried about torture during police investigation as a means of, and justification for, finding the truth. He lays stress on ensuring the economic human rights which include the right to work and fair wages, equal pay for equal work, right to education, right to healthcare, etc.

The essays cover a wide spectrum-custodial violence, violations by armed forces, water as human right, excesses and injustices inherent in internal security laws, rights of tribal communities, rights of racial, religious and linguistic minorities, terrorism-related violations, etc. They are erudite and thought provoking, exhibiting painstaking research and passion.

The book is a disturbing pointer to the many long miles we in India have to go on the road to establishing a humane socio-political order.





HOME